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Updated over 9 years ago,
Aggressive and unconstitutional hoa board members
I am a homeowner living around an hoa. However my property will never be a part of the surrounding hoa. How is that you ask. In 2014, the hoa in my neighborhood placed a lien against my property. I hired an attorney and a month later they filed a satisfaction of lien with the court clerk. They never removed it. My name is forever smeared with the county I reside in. Anyone looking up my name in county records will see the lien. Unless they know to look under the satisfaction of lien area of county records, they will believe I am a poor character person with bad morals.
Therefore, I found their actions of placing an unjust lien on my property to go against my life, liberty and pursuit of happiness as afforded me by the Constitution of the United States. So, I filed a lawsuit against the hoa. They sent people down to my house to harass me about the lawsuit. I called the cops on the harassers.
As per my state, all hoa's must file as a corporation with the secretary of state. The hoa hired a property management company to be their registered agent. The registered agent filed with the secretary of state was the person whom signed the lien against my property with the court clerk. The registered agent is the person I had served with the summons by sheriff deputy of their county since they resided in a county other than mine. The registered agent refused service from the sheriff deputy. In fact, the registered agent refused certified mail from my attorney that showed the hearing set for the lawsuit.
Now, it has been over 30 days, passing the time to fight the judgment and the hoa hired an attorney that has threatened to file a vacate motion. To me that isn't fair and is in my belief, violating my constitutional rights to due process and in a way double jeopardy. Because they had their chance to fight the lawsuit but chose to ignore it until they knew it was serious. Is that fair that an hoa believes they can just get away with crime and when they are going to be punished for their wrong doings, they cry like a child saying that's not fair, we don't deserve this? What about my rights. They didn't have the right to place a lien on my property. In fact the judge stated on the default judgment that the hoa wrongfully placed a lien on subject's property (cj-2015-147 oscn.net)